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disagree with the obama's administration decision to rule out enemy combatant suspect. >> reporter: labeling him as an enemy combatant would allow the government to question him without an attorney president and maybe get some of those answers. barbara starr, cnn, the pentagon. >> thanks, barbara. most of us can't even begin to imagine the incredibly tense moments that led up to the arrest of dzhokhar cztsarnaev. but that's what they are trained to do. the s.w.a.t team that took tsarnaev into custody describes the final moments to anderson cooper. let's listen. >> let's do it. let's do what we're trained to do. this is the suspect. we're trained to go in and apprehend him. you can see one hand is clear of any weapons each time he went the other way, his hand went down inside the boat out of our view. i know everybody here we've spoken about it. each time he did that, we had to assume he was reaching for either a weapon, a firearm or some explosive ignition device to kind of draw us in and take us out in a suicide type manner. he did that a couple of times as we're still approaching
. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect. >> reporter: and the question of whether the fbi dropped the ball in 2011 when it looked at tamerlan tsarnaev's activity will be the subject of a closed-door briefing on capitol hill later today, when law enforcement officials brief lawmakers. john? >> all right, barbara starr, thanks so much. barbara starr in washington. i want to bring back fran townsend, cnn analyst, former homeland security adviser to president george w. bush. and fran, i want to get your take here. where do you think the investigation stands right now? we've had these initial criminal complaints given dzhokhar tsarnaev. we've seen sort of the case laid out just a little bit. but how about the investigation itself? what are the next steps? >> well, first of all, we know from investigators that they're cooperating with the russians. i talked to sources, federal sources, and the coo
be considered an enemy combatant? >> guest: absolutely goes back to the civil war. goes certainly to world war ii. anwar al-awlaki was american-born. president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he didn't treat those terrible tragedies as access war, but appropriately treated them as heinous criminal acts to be investigated, prosecuted, and appropriately punishes. >> host: al-alwaki was an american citizen, kimed on orders of president obama. did president obama violate the constitution by doing that? >> guest: well, actually, we have a lawsuit in which we are seeking to get answers from the administration about what legal standards they used and invoked. >> see
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